Government clarifies job laws for refugees and asylum seekers in South Africa
The Department of Employment and Labour has clarified that the proposed amendments to the Employment Services Amendment Bill do not give new employment rights or automatic citizenship to refugees.
This comes after statements and discussions circulated on social media regarding the proposed amendments to the bill, which sparked debate about laws for foreign nationals, refugees, and asylum seekers.
“The Department has noted claims circulating on social media suggesting that refugees and
asylum seekers will no longer be regarded as foreign nationals, or that they will automatically
enjoy the same labour market privileges as South African citizens.”
“These claims are incorrect and do not reflect the purpose or effect of the proposed amendments,” the Department said.
The Department stressed that the proposed amendments do not change the existing immigration requirements or employment regulations in South Africa.
Instead, the updates were proposed to align statutory definitions with current legislation, like the Immigration Act, to ensure legal consistency.
“The purpose of the amendments is to ensure that definitions contained in the Employment
Services Act are aligned with existing South African legislation, including the Immigration Act
and the Refugees Act,” said Department Minister Nomakhosazana Meth.
“The amendments seek to provide greater legal clarity and consistency in the administration of labour market policies and services.”
The Employment Services Amendment Bill was formally introduced in the National Assembly in May 2026, following approval from Cabinet in May 2025.
The initial draft of the proposed amendments, published in February 2022 for public comment, focused on foreign nationals and digital labour platforms.
In August 2026, the Portfolio Committee on Employment and Labour received a formal briefing on the Bill from the Department of Employment and Labour.
“The Bill does not seek to exclude any person from lawful employment”
The Department emphasised that the main objective of the Employment Services Amendment Bill is to strengthen the domestic labour market and protect employment opportunities for South African citizens, especially vulnerable job seekers, and youth.
The Bill also aims to strengthen the Public Employment Services system to connect job-seekers with available vacancies, facilitate skills matching, and improve the tracking of workforce trends.
“Importantly, the Bill does not seek to exclude any person from lawful employment. Rather, it
seeks to ensure that employment practices are properly regulated and that employers comply
with applicable legislation,” said Meth.
The Employment Services Amendment Bill creates a framework for the Minister to set specific measures for certain jobs.
This aims to protect job opportunities for South Africans while addressing skill shortages and labour market needs.
The Department clarified that the proposed amendments do not:
- Change a person’s immigration status;
- Grant citizenship, permanent residence or any immigration benefit;
- Remove obligations imposed by immigration legislation;
- Require employers to prefer refugees, asylum seekers or any other category of non-citizens over South African citizens; or
- Alter the government’s commitment to prioritising employment opportunities for South Africans.
It said that these changes simply clarify the definitions of categories already recognised in South African law, such as refugees, asylum seekers, and permanent residents.
These categories will still be subject to the laws governing their status and rights.
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